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(영문) 수원지방법원 2013.04.04 2012고정2803
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

Defendant shall be punished by a fine of KRW 3,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

On April 6, 2012, at around 18:50, the Defendant, at the “D Game Place” located under the C underground of Suwon-si, Suwon-si, Suwon-si, the Defendant taken his mobile phone camera into the victim’s bridge between the victim E (38 years of age, women) who is an employee of this game room, in order to make a game preparation, and taken a photograph by inserting his mobile phone camera into the victim’s bridge.

In this way, the defendant taken the parts of the body body of the victim who could cause a sense of sexual shame against his will.

Summary of Evidence

1. The defendant's partial statement in the first protocol of trial;

1. Legal statement of witness F;

1. Application of the Acts and subordinate statutes governing the statement of witness E in the third protocol of trial;

1. Relevant provisions of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and Article 13 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The defendant and his defense counsel asserted that the defendant had difficulty in damaging the mobile phone apparatus at the time, and did not photograph the body of the victim in the mobile phone camera as stated in its reasoning. As such, the witness F stated the following circumstances acknowledged by the above evidence, namely, the witness F stated the witness to photograph the victim E in front of the defendant's body by opening the body behind the victim's body and going outside the cell phone camera, the victim demanded to show his photograph stored in the cell phone immediately after the case, and deleted the photograph from the cell phone; the defendant escaped from the cell phone; the victim reported to the police at the time; the defendant visited the above "D Game Center" before the case; but the defendant did not visit the above game room after the above case. In full view of the above circumstances, the fact that the defendant taken the victim's body against the victim's will using the mobile phone camera, as stated in its holding, can be acknowledged.

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